The Mexican government has failed to respond to two international investigations into possible violations of freedom of expression concerning the convictions of politicians Rodrigo Iván Cortés and Gabriel Quadri for social media posts. Both the United Nations Human Rights Committee and the Inter-American Commission on Human Rights (IACHR) have requested responses from the Mexican state, but no reply has been received within the established deadlines.
In the case of Iván Cortés, president of the National Front for the Family, the UN Human Rights Committee launched an investigation after his 2022 conviction for posts on X, formerly Twitter, in which he referred to Salma Luévano, a member of parliament and one of Mexico’s first trans legislators, using terms considered offensive. The ruling included a financial penalty and the obligation to issue a public apology.
ADF International, which legally represents Cortés, argues that the court’s decision violates his right to freedom of expression. “The Mexican government’s silence is worrying and shows a lack of commitment to international human rights standards,” said Kristina Hjelkrem, legal advisor to ADF International.
Cortés has also expressed concern about the broader implications of his case. “I am being punished for expressing my point of view on social networks about public policies that affect society,” he said.
The UN Human Rights Committee is still awaiting an official response from Mexico. If none is received, it may issue a resolution based solely on the information provided by the plaintiffs, potentially influencing future decisions on freedom of expression in the region.
A similar case involves former congressman and presidential candidate Gabriel Quadri, who was convicted in May 2022 and declared a “political violator against women” for his X posts on gender issues. Quadri had expressed concern about the participation of trans individuals in political spaces reserved for women, a stance deemed discriminatory by the Electoral Court of the Judiciary.
The court ordered Quadri to remove his posts, issue a public apology, and register as a gender-based political violator. In response, Quadri, with the support of ADF International, appealed to the IACHR, claiming that the Mexican state had violated his right to freedom of expression.
In March 2023, the IACHR requested a response from the Mexican government but received none. As a result, the Commission announced that it would proceed with the case without the Mexican state’s participation. “Mexico’s lack of response to Gabriel Quadri’s case before the Inter-American Commission on Human Rights shows a clear disregard for the basic human right to freedom of expression,” said Sean Nelson, legal advisor to ADF International.
The Quadri case has sparked intense debate in Mexico about the balance between freedom of expression and protection against discrimination. While some argue that his statements constituted hate speech, others maintain that they were legitimate opinions on public policy.
The progress of both cases without Mexico’s participation could set a significant precedent for future international litigation on freedom of expression. Human rights experts warn that these rulings could encourage more citizens and organizations to turn to international bodies when they believe their rights have been violated by national judicial decisions.
So far, the Mexican government has not issued any public statement on these cases. Meanwhile, international organizations and human rights advocates continue to monitor the situation, emphasizing the need to balance protection against discrimination with safeguarding the right to free expression in the country.
Originally published by Diario Cristiano, Christian Daily International's Spanish edition.
